By:  Ellis                                            S.B. No. 1718
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to alternative dispute resolution systems established by
 1-2     counties.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 152.003, Civil Practice and Remedies
 1-5     Code, is amended to read as follows:
 1-6           Sec. 152.003.  REFERRAL OF CASES.  A judge of a district
 1-7     court, county court, statutory county court, probate court, or
 1-8     justice of the peace court in a county in which an alternative
 1-9     dispute resolution system has been established may, on motion of a
1-10     party or on the judge's or justice's own motion, refer a case to
1-11     the system.  Referral under this section does not prejudice the
1-12     case.
1-13           SECTION 2.  Subsection (a), Section 152.004, Civil Practice
1-14     and Remedies Code, is amended to read as follows:
1-15           (a)  To establish and maintain an alternative dispute
1-16     resolution system, the commissioners court may set a court cost in
1-17     an amount not to exceed $10 to be taxed, collected, and paid as
1-18     other court costs in each civil case[, except suits for delinquent
1-19     taxes,] filed in a county or district court in the county,
1-20     including a civil case relating to probate matters but not
1-21     including:
1-22                 (1)  a suit for delinquent taxes;
1-23                 (2)  a condemnation proceeding under Chapter 21,
1-24     Property Code; or
 2-1                 (3)  a proceeding under Subtitle C, Title 7, Health and
 2-2     Safety Code.
 2-3           SECTION 3.  Chapter 152, Civil Practice and Remedies Code, is
 2-4     amended by adding Section 152.005 to read as follows:
 2-5           Sec. 152.005.  ADDITIONAL FEE FOR CERTAIN COUNTIES.  (a)  To
 2-6     establish and maintain an alternative dispute resolution system,
 2-7     the commissioners court of a county with a population of 2.5
 2-8     million or more may, in addition to the court cost authorized under
 2-9     Section 152.004, set a court cost in an amount not to exceed $3 for
2-10     civil cases filed in a justice court located in the county, but not
2-11     including:
2-12                 (1)  a suit for delinquent taxes; or
2-13                 (2)  an eviction proceeding, including a forcible
2-14     detainer, a forcible entry and detainer, or a writ of re-entry.
2-15           (b)  A clerk of the court shall collect and pay the court
2-16     cost in the manner prescribed by Section 152.004(c).
2-17           SECTION 4.  This Act takes effect September 1, 1999, and
2-18     applies only to an action commenced on or after that date.  An
2-19     action commenced before the effective date of this Act is governed
2-20     by the law applicable to the action immediately before the
2-21     effective date of this Act, and that law is continued in effect for
2-22     that purpose.
2-23           SECTION 5.  The importance of this legislation and the
2-24     crowded condition of the calendars in both houses create an
2-25     emergency and an imperative public necessity that the
2-26     constitutional rule requiring bills to be read on three several
 3-1     days in each house be suspended, and this rule is hereby suspended.